African Civil Society Organisations call for South Africa to show leadership and vote yes for SOGIE Rights at the United Nations Human Rights Council

The Coalition of African Lesbians [CAL], African Men for Sexual Health and Rights [AMSHeR], and organisations signed to the Demand Accountability Campaign* called on the South African Minister of Foreign Affairs, Hon. Maite Nkoana to vote yes in the upcoming resolution on Human rights, sexual orientation and gender identity [Res. A/HRC/27/L27 Rev.1] at the United Nation’s 27th Human Rights Council session. This is a follow up resolution to the 2011 Resolution [Res. A/HRC/17/19] which was led by South Africa and co-sponsored by Brazil.

Civil society and individuals from all over the world are calling on their governments to show support for this follow up resolution that seeks to continue recognizing the gross human rights violation that people of non-conforming gender identity and sexual orientation face.

As of 27th September, nearly 100 organisations and individuals had signed onto this letter in a show solidarity and support.

On behalf of the undersigned organisations, we write to draw your urgent attention to Resolution A/HRC/27/L27 tabled at the Human Rights Council on Thursday 18 September by Chile, Uruguay, Colombia and Brazil and to urge and insist you act in keeping with your human rights obligations in this regard by voting YES to the Resolution in its current tabled version. The operational paragraphs call for a minimum of a follow up report to the Report of the High Commissioner OF November 2011 on Violence and Discrimination on the basis of Sexual Orientation and Gender Identity and for follow up reports every two years.

As you know, this is, more than three years later, a follow up to 17/19 led by South Africa, and is important as a way to keep dialogue at the Human Rights Council sustained and to ensure that the issue does not fall off the agenda of the Council. Here on the African continent, many of our fellow activists, colleagues and fellow human rights defenders view this Resolution as a way to draw the attention of states to an issue that forces many into an unnecessary and unjust confrontation with the law and criminalises sex between consenting adults with a wide range of consequences for our right to development.

We are disappointed that your Ministry has recently repeatedly failed to represent the position of South Africa on this issue with the same commitment and determination it did in 2011. This disappointment has been based on your repeated failure to keep your commitment and word on the issue of the Regional Seminar coupled with a refusal to respond to numerous requests for information on plans for the hosting of the Regional Seminar. We still look forward to and to expect South Africa to continue principled leadership on this matter in a range of intergovernmental processes internationally and to demonstrate accountability to the principles of the Constitution as well as respect for the right to development framework which includes transparency, accountability and participation.

We remind you and call your attention to your obligation to promote the respect for the human rights of all people, including on the basis of sexual orientation and gender identity and expression, and to use the opportunity afforded by your own leadership at the Human Rights Council on this issue in the past to begin to confront violence and discrimination targeted at this part of the community.

Minister, we further call your attention to an oral amendment which is expected from the floor during the vote on this Resolution A/HRC/27/L27. Such a proposed amendment would call for the removal from 27/L27 all language on sexual orientation and gender identity and the replacement with language equal or roughly equal to “race, colour, sex, language, religion or other opinion, national or social origin, property, birth or other status”. Our organisations are all committed to and passionate about and have a track record in local and international work in applying an analysis that includes multiple forms of discrimination and intersectional analyses. In 2013, we mobilised support for the 10 May Statement which asserted the need for any follow up resolution on sexual orientation and gender identity to use an intersectional and incremental lens. Our work as feminists and pan Africanists is based on such thought and standards.

At the same time, the proposed language will deny and attempt to erase and hide from the lived realities of people facing violence and discrimination based on sexual orientation and gender identity and expression who are targeted for violation, violence and discrimination. This is what such an amendment will attempt to do and will contribute to. South Africa cannot be party to such an amendment and indeed, should be at the forefront of reaching out to states to dissuade them from such a move. The Human Rights Council is about human rights. We expect and trust that our rights as African people with non-conforming sexualities and gender identities and expressions will not be negotiated away for political expediency at the Council.

Minister Maite Nkoana, we the undersigned now call upon on you to:

Issue the appropriate directive for a vote in support of the Resolution on Sexual Orientation and Gender Identity and Expression when it tabled later this week as it stands within the version tabled by the lead states

Reach out to your colleagues who may be calling for the abovementioned amendments and to work to persuade them to desist from such a move and to issue a directive to the South African delegation in Geneva to vote against such an oral amendment from the floor at the vote which may seek to change the intention to show urgency to the need to protect rights related to sexual orientation and gender identity

We look forward to remaining in dialogue on this issue throughout the week and to a progressive vote on this Resolution. Our colleagues from the Sexual Rights Initiative are available for dialogue in Geneva all of this week.

Minister, we look forward also to your leadership on the Regional Seminar on Ending Violence Based on Sexual Orientation and Gender Identity in Africa as per your own announcement and commitment in March this year and the staff of your Department since June 2013. This Seminar will provide much needed dialogue on the continent to begin to stem the tide of violence and discrimination faced my millions of people on the continent based on their real or perceived sexual orientation and gender identity and expression. We will be popularising the ideas, analysis and policy imperatives emerging from the powerful speech by the Minister of Social Development, Bathabile Dlamini at the general Assembly in New York last week [19 September]. We will continue to advocate to see these ideas reflected in South Africa’s domestic and international policy positions and work.

We continue to follow the proceedings at the Council very closely this week, together with our more than 80 member and partner organisations in more than 30 African states. We will also all be watching the proceedings online both in South Africa and in various fora in each sub-region on the continent. We will direct the media to this facility online also.

Thank you for your leadership in this important moment on rights related to sexuality and gender.

In solidarity and anticipation.

*The Demand Accountability Campaign

AIDS Accountability International

Access Chapter 2

African Men for Sexual and Reproductive Health and Rights

African Sex Workers Association

Coalition of African Lesbians

Durban Gay and Lesbian Centre

Forum for the Empowerment of Women

Gay and Lesbian Memory in Action

One in Nine Campaign

Sex Workers Education and Advocacy Taskforce

Sonke Gender Justice

South African National AIDS Council – Civil Society Forum

Triangle Project

Additional Endorsements

Individuals

Suntosh Pillay, King Dinuzulu Hospital Complex, Durban, South African

Estian Smit, Gender diverse activist, South Africa

Umesh Bawa, Clinical Psychologist, University of the Western Cape

Dr. Tracy Morison, PhD, Human and Social Development research unit, HSRC